Is it trademark infringement if I use the same title and topic for a documentary?

[SFGuyMan]

What is the name of your state (only U.S. law)? California

I was homeless and rode a bus in 2011 that was called "The Hobo Shelter" because so many of us rode it each day between shelters. That was the nickname the homeless people gave it (not the real name just made that up as an example). I made videos of my experience and had planned on writing a book and making a documentary (for commercial purposes) about this experience. My documentary and book were not going to focus exclusively on this bus but I was going to use the nickname of the bus as the title of both my book and documentary since the first chapter of the book and some scenes in the documentary took place on this bus. Now a student going to a college nearby made her own documentary about it and other news outlets have picked up her documentary. She gave her documentary the same name. Is this automatically trademark infringement if I try to use that title and means I can not use this title anymore? I'm unsure if she's made a profit on it as I assume she's a student and it was for non-commercial use but who knows. I'm really hung up on using that nickname for my book mainly.

Thank you for any advice you can provide, much appreciated.
CJ

 

[quincy]

What is the name of your state (only U.S. law)? California

I was homeless and rode a bus in 2011 that was called "The Hobo Shelter" because so many of us rode it each day between shelters. That was the nickname the homeless people gave it (not the real name just made that up as an example). I made videos of my experience and had planned on writing a book and making a documentary (for commercial purposes) about this experience. My documentary and book were not going to focus exclusively on this bus but I was going to use the nickname of the bus as the title of both my book and documentary since the first chapter of the book and some scenes in the documentary took place on this bus. Now a student going to a college nearby made her own documentary about it and other news outlets have picked up her documentary. She gave her documentary the same name. Is this automatically trademark infringement if I try to use that title and means I can not use this title anymore? I'm unsure if she's made a profit on it as I assume she's a student and it was for non-commercial use but who knows. I'm really hung up on using that nickname for my book mainly.

Thank you for any advice you can provide, much appreciated.
CJ

No, it is not automatically trademark infringement if you use the same title for your book and your documentary. And it is not copyright infringement to use the same title for your book or your documentary.

The fact that both you and the student are covering the same topic can give rise to some legal issues, however. You are aware of the student's documentary, so you need to be careful that your documentary and book do not "borrow" any content from the student's work unintentionally (or intentionally ). Although your works and the student's work are being created independent of each other, claims of copyright infringement could become a problem.

I suggest you choose another name for your book and documentary so that your work is not confused with the student's work, to avoid that potential conflict with the student, and then I recommend you have your book and documentary reviewed by a publishing law professional prior to publication. This can help ensure your work is not, or will not be seen as, infringing on anyone else's rights.

Good luck.

 

[SFGuyMan]

Thank you for taking your time out to respond to me Quincy. That definitely clarifies things for me and I really appreciate that information and advice.
Have a good day.

 

[quincy]

Thank you for taking your time out to respond to me Quincy. That definitely clarifies things for me and I really appreciate that information and advice.
Have a good day.

You're welcome, SFGuyMan. Thank you for the thanks.

I wish you much success with your book and your film.